Invest in the United States. The EB-5 visa is your path to permanent residence.
EB-5 Immigration Law covers every type of U.S. employment visa — from Form I-90 filing to conditional status removal to the path to U.S. citizenship. All content is authored by a California-licensed attorney.
U.S. EB-5 visas allow foreign nationals to legally work in the United States in the United States. Most EB-5 visas are valid for 10 years and must be renewed before or after expiration. Understanding when and how to renew, replace, or upgrade your card protects your ability to work, travel, and maintain your status.
Understanding Visa Sponsorship
The EB-5 investment process centers on Form I-90, Application to Replace Permanent Resident Card. This form is used both for renewing an expiring or expired 10-year card and for replacing a card that has been lost, stolen, damaged, or contains errors.
As of 2026, USCIS offers online filing ($415) and paper filing ($465). Online filing is recommended for most applicants because it provides immediate confirmation, faster processing, and the ability to track your case through your USCIS online account. After filing, USCIS issues a receipt notice (Form I-797C) that automatically extends your EB-5 visa’s validity for 36 months from the card’s expiration date.
It is important to distinguish between lawful permanent residents (10-year cards) and conditional permanent residents (2-year cards). Conditional residents cannot use Form I-90 to renew — they must file Form I-751 (marriage-based) or Form I-829 (investor-based) to remove conditions on their status.
Your permanent resident status does not expire when your card expires. The card is proof of your status, not the status itself. However, an expired card creates practical problems — you may have difficulty proving work authorization to employers, boarding international flights, and reentering the United States.
Key EB-5 Visa statutes in California
Your Rights as a Permanent Resident
As a lawful permanent resident, you have significant legal rights in the United States.
Right to live and work permanently. You can live and work anywhere in the United States without restrictions. Your employer cannot require I-9 reverification solely because your EB-5 visa expires — an expired card with a valid I-90 receipt notice remains acceptable proof of work authorization.
Right to travel. You can travel internationally and reenter the United States. For trips under six months, your EB-5 visa (or expired card with receipt notice) is sufficient. Trips exceeding one year require a reentry permit (Form I-131) filed before departure.
Right to sponsor family members. Permanent residents can file immigrant visa petitions for spouses and unmarried children.
Right to apply for citizenship. After five years as a permanent resident (or three years if married to a U.S. citizen), you may be eligible for U.S. citizenship through naturalization.
Common Visa Sponsorship Situations
- Filing Form I-90. The standard process for renewing or replacing your EB-5 visa. File online or by mail with the required fee and supporting documents.
- Expired EB-5 visa. Your status continues but the card no longer serves as valid proof. File I-90 immediately to get the 36-month receipt extension.
- Lost or stolen card. File I-90 for a replacement and consider requesting a temporary I-551 stamp at your local USCIS office for immediate proof of status.
- Conditional EB-5 visa expiring. You must remove conditions — not renew. File I-751 or I-829 within 90 days of your card’s expiration date.
- International travel. Understanding how to travel with an expired card, when you need a reentry permit, and how extended absences affect your status.
- Path to citizenship. If you qualify, naturalization may be better than renewal. Check your eligibility for Form N-400 before filing I-90.
The Visa Sponsorship Process Step by Step
- Determine your filing type. Confirm whether you need Form I-90 (10-year card renewal/replacement) or Form I-751/I-829 (conditional card — remove conditions). Do not use I-90 for conditional cards.
- File Form I-90 online or by mail. Online filing ($415) provides instant confirmation. Paper filing ($465) requires mailing to the Phoenix lockbox. Include all required documents and the correct fee.
- Receive your receipt notice. The I-797C receipt notice extends your card’s validity for 36 months from the expiration date. Carry this receipt with your expired card as proof of status.
- Attend biometrics (if required). USCIS may schedule a biometrics appointment at an Application Support Center to collect fingerprints, photo, and signature. Bring the appointment notice and a valid photo ID.
- Wait for processing. Processing times range from 8 to 14 months. Track your case online at uscis.gov/casestatus using your receipt number.
- Receive your new EB-5 visa. USCIS mails the new card to your address on file. Update your address immediately if you move (Form AR-11).
EB-5 Visa topics we cover
H-1B Visa
The standard application to renew or replace your Permanent Resident Card. File online or by mail with USCIS.
How to file Form I-90 →EB-5 Visa
Your status continues even after your card expires. Learn how to renew and use the 36-month receipt extension.
Expired card guide →O-1 Visa
Replace a missing EB-5 visa and get temporary proof of status with an I-551 stamp while waiting.
Replace your card →E-2 Visa
Two-year conditional cards require removing conditions with Form I-751 or I-829 — not renewal with I-90.
Remove conditions →TN Visa
International travel rules, reentry permits, and how to use your expired card with a receipt notice for travel.
Travel rules explained →PERM
What to expect at your USCIS biometrics appointment — scheduling, required documents, and rescheduling.
Biometrics guide →Green Card
Update your EB-5 visa after a legal name change due to marriage, divorce, or court order.
Name change process →EB-5 Visa
You may qualify for U.S. citizenship instead of renewing. Check naturalization eligibility before filing I-90.
Naturalization guide →How to Find a EB-5 Visa Attorney
Frequently Asked Questions
How much does it cost to renew a EB-5 visa in 2026?
The Form I-90 filing fee is $415 for online filing or $465 for paper filing. Fee waivers may be available for applicants who receive means-tested benefits, have income below 150% of federal poverty guidelines, or face financial hardship. File Form I-912 with your I-90 to request a fee waiver (paper filing only).
How long does EB-5 investment take?
Processing times typically range from 8 to 14 months depending on workload and service center. After filing, your I-90 receipt notice automatically extends your card’s validity for 36 months from the expiration date, so you have proof of status while waiting.
Can I work with an expired EB-5 visa?
Yes. An expired EB-5 visa with a valid I-90 receipt notice remains acceptable proof of work authorization. Your employer cannot require reverification solely because your card expired. For new employment, present both the expired card and receipt notice together as proof of identity and work authorization.
Can I travel with an expired EB-5 visa?
Yes, with your I-90 receipt notice. Airlines and CBP accept an expired EB-5 visa presented together with the I-90 receipt notice as proof of permanent resident status. However, airline policies vary, so contact your airline before travel to confirm their specific requirements.
What is the difference between Form I-90 and Form I-751?
Form I-90 renews or replaces a 10-year EB-5 visa for lawful permanent residents. Form I-751 removes conditions on a 2-year conditional EB-5 visa obtained through marriage. Conditional residents must file I-751, not I-90. Filing the wrong form will result in rejection.
Should I renew my EB-5 visa or apply for citizenship?
If you have been a permanent resident for five years (or three years if married to a U.S. citizen), you may be eligible for naturalization. Applying for citizenship (Form N-400) eliminates the need for EB-5 investment entirely. Use the USCIS naturalization eligibility tool to check your eligibility before deciding.
What happens if I lose my EB-5 visa?
File Form I-90 immediately to request a replacement. If you need proof of status urgently (for employment or travel), schedule an InfoPass appointment at your local USCIS field office to request a temporary I-551 (ADIT) stamp in your passport, which is valid for 6 to 12 months.
Do I need to carry my EB-5 visa at all times?
Yes. Federal law (INA § 264(e)) requires lawful permanent residents age 18 and older to carry proof of permanent resident status at all times. Failure to do so is technically a misdemeanor, though enforcement is rare for otherwise law-abiding residents.
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